Brett Kavanaugh Partying With Matt Gaetz Raises Questions

Concern was raised by progressive activists and some legal scholars after it emerged Supreme Court Justice Brett Kavanaugh attended a Christmas party along with a number of prominent right-wingers, such as House Representative Matt Gaetz and Stephen Miller, formerly a senior adviser to Donald Trump.

According to Politico, the party was hosted by Matt Schlapp, chair of the American Conservative Union, along with his wife, Mercedes, on Friday at their home in Alexandria, Virginia.

Other guests included Sean Spicer and Sebastian Gorka, who served the Trump administration as press secretary and deputy assistant to the president respectively.

Kavanaugh has served on the Supreme Court since October 6, 2018, having been appointed by President Trump.

While Supreme Court justices aren't bound by the same rules as federal judges, they are expected to maintain high ethical standards.

Speaking to Bloomberg Law, Professor Tonja Jacobi, from the Emory University School of Law in Atlanta, said: "Supreme Court justices should be extraordinarily careful in not only having no actual ethical difficulties but having no appearance of an ethical conundrum as well."

Miller is president of the America First Legal Foundation (AFLF), which he said will "protect America first, last and always" using "relentless litigation and oversight."

Bloomberg Law reports the AFLF has an interest in cases that are due to appear before the Supreme Court.

Reacting to the news, legal campaign group Citizens for Ethics tweeted: "Brett Kavanaugh attended a private holiday party on Friday night at the home of CPAC chairman Matt Schlapp, and that attendees included Stephen Miller, whose group America First Legal Foundation has interests in cases now pending before the Supreme Court."

Victor Shi, the youngest elected delegate for Joe Biden in 2020, responded by questioning the impartiality of conservative justices.

He tweeted: "Not kidding here: Brett Kavanaugh, a sitting Supreme Court Justice, was partying with Matt Gaetz, Stephen Miller, Sebastian Gorka, Erik Prince, & more right-wing extremists the other day. How can anyone look at these Republican Supreme Court justices & take them seriously anymore?

"Hard to take Supreme Court justices seriously when they are around people who literally want to destroy democracy."

Concern was also raised by Tristan Snell, a lawyer who was involved in legal action against Trump University.

He tweeted: "Brett Kavanaugh was just at a holiday party with Matt Gaetz, Stephen Miller, and Erik Prince, all of whom may soon be implicated in various federal crimes. Remember this one for later."

Impartiality concerns around Supreme Court justices have not been restricted to those only on the conservative side. In June, Justice Sonia Sotomayor delivered a speech at an event hosted by the American Constitution Society, a liberal group.

In June, the Supreme Court ruled by five votes to four to overturn Roe vs. Wade, the 1973 decision that put forward there is a constitutional right to have an abortion. Kavanaugh was one of the justices who supported the decision. The court also ruled by six votes to three to uphold a Mississippi law that bans abortions after 15 weeks.

That same month, Nicholas Roske was arrested outside Kavanaugh's home in Maryland, armed with a knife and gun, allegedly telling police he planned to kill the Justice, in part because of his position on abortion.

Newsweek has contacted Justice Brett Kavanaugh for comment.

Update 12/14/22, 2:58 a.m. ET: This article was updated to clarify the number of votes overturning Roe v. Wade.

Update 12/14/22, 5:30 a.m. ET: This article was updated with additional information.